1. The legal framework
Florence DUPRE
Global Forum November 2012

2. AGENDA
• Introduction
• Limits of the legal framework
• What’s new?
• The way forward? Perspectives?
Title / Name
© 2012 CASSIDIAN CYBERSECURITY - All rights reserved Date Page 2

3. LIMITS OF THE CURRENT LEGAL FRAMEWORK
Geographic issue
Concept of Lack of
sovereignty & interoperability
territoriality
Security/privacy:
Fast evolving
different interests
technology
different approach
Data protection
Data breach
Lack of Data & identity theft
Cyber crime Applicable law
harmonization
Cybersecurity & Jurisdiction?
=> compliance issue
Liability ?
Investigation
Legal answser is
& Evidence/
difficult
prosecution
Data protection
The Budapest & privacy
convention laws & Regulations
on Cybercrime? Data retention laws
Title / Name & Regulations
© 2012 CASSIDIAN CYBERSECURITY - All rights reserved Date Page 3

4. WHAT’S NEW?
• Combination of technical & legal solutions
• Privacy by Design
design data processing devices so as to best comply with data protection requirements
• Privacy Enhancing Technologies
refers to “coherent systems of information and
communication technologies that
strengthen the protection of privacy in information
systems by preventing the unnecessary or unlawful collection,
use and disclosure of personal data, or by offering
tools to enhance an individual’s control over his/her data”.
• Identity federation
• Electronic identity ==>e-ID
• Data & Identity theft
Crime in which someone
illegaly/fraudulently obtains
and uses another
person’s personal data
• Digital signature
• Forensics & Digital evidence
• Social media (Facebook, Twitter…)
• Legal Ethics & Best practices
• Trust & confidence
• BYOD ==> security & privacy concerns
• Mobility & Cloud computing
• Cybersecurity/Cybercrime/Cyberwar
Title / Name
© 2012 CASSIDIAN CYBERSECURITY - All rights reserved Date Page 4

5. THE WAY FORWARD? / PERSPECTIVES?
• Need to adapt the existing legal framework to the technology and the threats
• Update of the existing cybercrime convention: most of the players agree that what is
required is to further detail the existing legislation by complementing it with additional rules
imposing specific technical safeguards against new risks
• Need for an harmonized and interoperable legal framework at EU & International level
– Use the results of Working groups/initiatives
==> International Telecommunication Union (2007)
==> Other United Nations initiatives
• Extend some existing obligations to other actors ==> security breach notification
• Development of best practices
• A specific International criminal court for cyberspace should be established
• International treaty == > Cyber attacks of the most serious global concern should be
included in a substantive international criminal law
International legal cooperation & harmonization is key
for an efficient & global legal answer
Title / Name
© 2012 CASSIDIAN CYBERSECURITY - All rights reserved Date Page 5

6. Thank you for your attention!
The reproduction, distribution and utilization of this document as well as
the communication of its contents to others without express authorization
is prohibited. Offenders will be held liable for the payment of damages.
All rights reserved in the event of the grant of a patent, utility model or design.
Title / Name
© 2012 CASSIDIAN CYBERSECURITY - All rights reserved Date Page 6